I’m not happy with my surgery, can I file a lawsuit?

When Pennsylvania residents undergo surgery, they are taking a risk. There are no guarantees and as such, things may not go as you expected. The surgeon may think everything went fine, but you might not be so thrilled with the results, whether you got a nose job or a broken bone surgically fixed. Do you have any recourse? Can you file a lawsuit and receive compensation for your lack of satisfaction?

If medical malpractice occurred, then you might have a viable claim for compensation. The judge would be looking for surgical errors and resulting damages, however, not your overall review of the surgical procedure. Just because you didn’t like the final results for some reason doesn’t mean that you can sue. You would have to prove that the surgeon deviated from a reasonable standard of care and that this deviation caused you injuries or damages.

In addition, complications may arise at any time during a surgery. Each person’s body is different and during a surgical procedure, it’s not uncommon for a surgeon to have to deviate from a planned route and try something else in order to repair the body part that needs to be fixed. This could be due to a medical condition like a blood issue, vein blockage or simply the patient’s overall health.

Surgery in any form comes with risks. From anesthesia to incisions to blood loss to the use of surgical instruments, surgery is a major procedure no matter how minor it may seem. There are no guarantees and an unexpected result is not solid proof that your surgeon committed medical malpractice.

Source: FindLaw, “Medical Malpractice Claim FAQ,” accessed Feb. 21, 2015